The 2015 Paris Climate Agreement: Challenge and Possibility of Korea

( Lyou Byung-woon ) 홍익대학교 법학연구소 2015 동북아법 Vol.9 No.-

WTO Rules of Agriculture Subsidies and the Development

LYOU Byung-Woon(류병운) 대한국제법학회 2012 國際法學會論叢 Vol.57 No.1

본 논문은 한국을 포함한 WTO 회원국에 적용될 수 있는 WTO규범에 충실한 농업지원보조금의 정책의 모색을 목표로 한다. 또한 현재 농업보조금 관행에 대한 다소 깊이 있는 이해를 통한 DDA협상의 타결에 필요한 쟁점과 방향을 보다 분명하게 할 것이다. 현재 AoA의 ‘평화조항(peace clause)’이 만료됨에 따라 WTO 농업보조금분쟁이 빈번해 지고 있다. 또한 현재 WTO 회원국의 농업보조금은 AoA와 ASCM의 양(兩)협정 상의 모든 의무에 부합하게 지급되어야 한다. 농업보조금 관련 WTO 사례들은 AoA와 ASCM 관련 다수의 규범적 기준들을 제시한다. 예컨대, ‘시장가격과 연관된 보조금’의 경우 ‘수출실적에 따라 지원이 가능한’ 보조금으로서 ASCM 제 3조 1항 (b)이 금지하는 수출보조금에 해당할 수 있다. 또한 비록 특정 부류의 수출 상품에 대한 직접보조금은 아니라고 하더라고 교차적으로 수출보조금이 되는 것도 가능하다. 현재 한국 정부는 농업보조금 정책 수립에서 AoA와 ASCM 규범에 대한 깊이 있는 접근, 나아가 시장가격 연관 보조금이나 보조금의 교차효과에 대한 분석을 심도 있게 고려하고 있지 않은 것으로 판단된다. 현재 농업보조금에 관한 논의는 DDA협상에 있어서 선진국과 개도국의 이해가 첨예한 핵심쟁점 중의 하나이다. 미국과 EU도 최종 타결을 위한 정치적 결정에 고심하고 있는 부분이다. DDA협상이 성공적으로 타결될 경우 농업보조금의 감축 목표의 강화를 포함하여 관련 WTO규범은 상당히 엄격해질 것으로 예상된다. 여기서 DDA의 성공적 타결을 위하여 강화된 감축이행부담을 경감할 수 있는 한시적인 새로운 ‘평화조항’이 필요하다고 생각된다. 한국은 한-EU 및 한-미 FTA 체결과 발효로 EU와 미국의 농업보조금의 실질적 경제적 효과를 보다 크게 받을 상황이다. 더구나 한국 정부는 한-EU 및 한-미 FTA에 의한 추가개방에 따른 피해를 보상하기 위하여 농업분야 지원을 증가시킬 계획이다. 그러나 농업분야에 대한 보조금의 신설이나 지원의 증가는 그 농업보조금의 합법성은 물론 FTAs에 대한 합법성 문제가 불거질 수 있다. 더구나 한국은 DDA에 협상 타결시 더 이상 개도국의 지위를 유지하는 것이 어려울 것으로 보이는데 이 경우 한국은 계층별 감축공식 상 기타국가로 분류되어 OTDS 55%, AMS 45%를 감축해야 할 것으로 전망된다. This study tries to explore a rule based agricultural subsidy policies for a WTO member including Korea. Also, better understanding of agricultural subsidy practices would be helpful to seek the way for DDA completion. With the expiration of “peace clause” of the AoA, agricultural subsidy disputes occur frequently. Also, WTO member’s agriculture subsides should accomplish all obligations under the AoA and the ASCM both. The WTO cases concerning agricultural subsidies provide many normative disciplines of the AoA and the ASCM. For example, pricecontingent subsidies could be “contingent upon export performance” which is qualified as prohibited export subsidies under Article 3.1(b) of the ASCM. Also, certain category of product export could be cross-subsidized even though direct subsidy is not given to it. Concerning Korea (Republic of), it is doubt that the Korean government seriously considers the detail aspects of WTO rules and practices like price- contingent or cross-subsidized effects when it takes the subsidy measures. Concerning agricultural subsidy in the DDA negotiation, there are serious controversy between the agricultural product export and the import countries and between the developed and the developing countries. To complete the negotiation, the United State and the EU are hesitant to make a final political decision. The WTO rules on agricultural subsidies will substantially be tightened if the DDA negotiation is successfully completed. For the completion of DDA, it is necessary to discuss on installing another kind of “peace clause” to ease the burden of reduction commitment. The agricultural support policies of the United States and the EU will substantially influence on the policy of Korea and its market upon the effectuation of Korea-EU FTA and of the Korea- U.S. FTA. As the measures for the FTAs, moreover, the Korean government plans to increase agricultural supports for the injuries resulted from the additional opening. However, introduction of a new agricultural subsidy or increase of governmental supports may provoke the question on legality of those FTAs as well as the agricultural subsidies. Moreover, Korea seems to be classified as developed country when DDA negation would be completed. In the case, Korea, one of the other nations among developed countries should reduce 55% of OTDS and 45% of total AMS according to a tiered formula.

Reforming UDRP Arbitration to Increase the Efficiency and Fairness

Lyou, Byung-Woon,Cho, Soohye 영산대학교법률교육연구원 2006 영산법률논총 Vol.3 No.2

Lone Star Fund v. Korea Case: 2022 Arbitral Award May Eliminate Some Koreans' Prejudice and Doubts about the Fairness of ISD and ICSID

( Lyou Byung-woon ) 홍익대학교 법학연구소 2023 동북아법 Vol.15 No.-

In the face of Lone Star's claim for damages against Korea in ICSID arbitration, some experts expected damages of up to 3 trillion KRW, but the Arbitral Tribunal ordered Korea to pay 289 billion KRW in damages to Lone Star Fund in connection with the prolonged sale of KEB. The amount the Korean government has to pay is only about 5% of what Lone Star claimed. The Tribunal considered that Lone Star's criminal conviction in relation to the KEB card stock price manipulation case could be seen as so-called cheat and run. Lone Star Fund v. the Korea case put to rest the concerns of some Koreans who doubted the fairness of ICSID arbitration. Anti-American Koreans objected to the United States-Korea Free Trade Agreement (KORUS), which contains provisions designedto protect foreign investors who may initiate arbitration against Korean or the United States government under the UNCITRAL Arbitration Rules or the ICSID Convention. The anti-American Koreans argued that Korea renounce its judicial sovereignty by the ICSID arbitration jurisdiction clause of KORUS for investor-state disputes (ISD). Contrary to what they claim, the ICSID arbitral tribunal in this case was fairly impartial and was not influenced by the United States. The Korean government should take this case as an opportunity to thoroughly reflect on its mistake of hastily selling Korea Exchange Bank to Lone Star, a kind of vulture fund, at a bargain price.

An Exegetical Study of the First Day of Creation

Lyou, Jae-won Presbyterian General Assembly Theological Seminary 1997 CHONGSHIN THEOLOGICAL JOURNAL Vol.2 No.1

‘Transnational Law: Cases and Problems in an Interconnected World’ written by Alfred C. Aman Jr. & Carol Greenhouse

( Lyou Byung-woon ) 홍익대학교 법학연구소 2018 동북아법 Vol.12 No.-

Dissolution of a Political Party: Constitutionality of a Pro-North Korea Party in South Korea

( Lyou Byung-woon ),( Kim Joo-hwan ) 홍익대학교 법학연구소 2013 동북아법 Vol.7 No.-

Political parties in the Republic of Korea (ROK, or South Korea) not only enjoy the guarantee of freedom but also are funded by the government. Those political parties could be dissolved only by the decision of the Constitutional Court. The purpose of the dissolution system is to protect “free democratic basic order,” the fundamental value of the Constitution, which might be destructed by a political party. It is a kind of “militant democracy” mechanism, which was derived from the measures used by West Germany for democratic reconstruction after World War II. The militant democracy is acutely rooted in German historical disciplines, such as the advent of the Third Reich (empire) and the failure of Weimar Republic as a democratic regime. Empirical disciplines obtained through World War II and the Cold War show the concept of militant democracy and the necessity of timely and effectible use the measure. It must not to guarantee freedom too long to the enemy of free democratic basic order. Democracy should be capable of defending itself before too much damaged. On November 5, 2013, the government of the ROK filed a constitutional motion asking the Constitutional Court to order the dissolution of the United Progressive Party (UPP). The Constitutional Court of the ROK will prudently set a criterion for balancing between freedom of a political party and the threats provoked by the party on the free democratic basic order of the Constitution. A political party could be considered as unconstitutional if there is a chance in the future that the party is going to realize its antidemocratic and anti-systematic goals rather than if there would be actual danger. By plotting to accommodate North Korea, the UPP provokes substantial threat against free democratic basic order.

A Brief Legal History of Korea: before Establishment of the Republic of Korea

( Lyou Byung-woon ) 홍익대학교 법학연구소 2010 동북아법 Vol.4 No.-

The purpose of legal history is trying to understand or better interpret a certain law and system, concepts and relationship to change and continuity with the questions: how law has evolved, why it changed, and what are similarities and differences among legal systems. It means that Korean legal history before 20th century could be considered less important. However, try to answer to what extent change in society result in the change of law and vice-versus is another important purpose of legal history. Ubi societas, ibi ius, namely where there is society, there is a law. Even though a community imports a law and system from the other society, interpretation and application of the law and system would be largely relied on the traditions and cultural legacies in the community. Also, as mentioned above, some parts of current Korean law including family law or domestic relations and some customary rule of property rights were derived from Korean traditional rules. Therefore, we need to look at the history of the Korean law briefly to understand the concept of Korean law as well as Korea Law and society. Choson Kingdom strictly regulated commercial transactions and generally forbid international trade, so the capitalistic modernization couldn`t come true. Under the absence of positive private law, namely normative standards in dealings, the exploitation by the powerful, the sales monopoly system amassing wealth through the cornering and hoarding of necessities prevented the development of trade and industry. The later Choson of abnormal social structure couldn`t be converted into capitalistic society and went from bad to worse by factionalism, despotism of royal in-law family, and the national isolation policy. Also, Choson could not reform the legal system and adopt modern civilized rules with a self-centered perspective. However, the traditional law and legal culture, particularly those of Choson considerably influenced to Korean customary law and Korean`s attitude about law.

Transfer Alignment Error Compensator Design Based on Robust State Estimation

LYOU, Joon,LIM, You-Chol THE JAPAN SOCIETY FOR AERONAUTICAL AND SPACE SCIEN 2005 Transactions of the Japan Society for Aeronautical Vol.48 No.161

<P>This paper examines the transfer alignment problem of the StrapDown Inertial Navigation System (SDINS), which is subject to the ship’s roll and pitch. Major error sources for velocity and attitude matching are lever arm effect, measurement time delay and ship-body flexure. To reduce these alignment errors, an error compensation method based on state augmentation and robust state estimation is devised. A linearized error model for the velocity and attitude matching transfer alignment system is derived first by linearizing the nonlinear measurement equation with respect to its time delay and dominant <I>Y</I>-axis flexure, and by augmenting the delay state and flexure state into conventional linear state equations. Then an <I>H</I><SUB>∞</SUB> filter is introduced to account for modeling uncertainties of time delay and the ship-body flexure. The simulation results show that this method considerably decreases azimuth alignment errors considerably.</P>

DOKDO, REAL BARRIER ON THE RELATIONS BETWEEN KOREA AND JAPAN

Lyou, Byung-Woon 영산대학교법률교육연구원 2006 영산법률논총 Vol.3 No.2